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Wisconsin is considered a community property state. This means all marital property and assets will be divided 50/50 in the event of a divorce, legal separation, or annulment. Property gifted to an individual spouse or property inherited by each person may be excluded from the 50/50 division.
Under Wisconsin law, a child's parent must notify the other parent if he or she wishes to: Move outside of Wisconsin and establish a legal residence with the child in another state. Move within Wisconsin and establish a legal residence that is 150 miles or more from the other parent.
A custody and placement agreement can be modified without going to court if the other party agrees to it. To have the modification set in stone, the parties would need to file a Stipulation Order to Amend Judgment.
In Wisconsin, joint legal custody or 50/50 custody gives both parents an equal share of the legal responsibilities of caring for their children. Joint physical custody maximizes the time the child has with both parents. Shared custody schedules work to give the child equal amounts with each parent.
A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.
A parent can request an ex parte child custody order by filing a motion with the court and providing evidence to support their claim that the child is in danger. The court will review the evidence and determine whether or not to grant the ex parte order.
Under Wisconsin law, property division orders are final. Once you have split up the marital property, absent very unusual circumstances, you cannot change the property division arrangement. On the other hand, child support, custody, placement and maintenance orders can be changed post-judgment in certain circumstances.
In Wisconsin, children cannot dictate where they reside but the courts may take the child's preference into consideration at about age 14 or when the child can articulate a preference and a reason for the preference. A child cannot opt to violate a court order, parents are responsible for following the court order.